PEDESTRIAN SAFETY AND CONVENIENCE ENHANCEMENT ACT
Act No. 11339, Feb. 22, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12248, Jan. 14, 2015
Act No. 13416, Jul. 20, 2015
Act No. 13433, Jul. 24, 2015
Act No. 14839, Jul. 26, 2017
Act No. 17689, Dec. 22, 2020
Act No. 17694, Dec. 22, 2020
The purpose of this Act is to protect people's lives and bodies from various hazards, improve people's quality of life, and contribute to the enhancement of public welfare by creating a comfortable pedestrian environment in which pedestrians can walk safely and conveniently.
The terms used in this Act are defined as follows: <Amended on Mar. 30, 2013; Nov. 19, 2014; Jul. 20, 2015; Jul. 26, 2017>
| 1. | The term "pedestrian walkway" means any of the following places for the traffic of pedestrians (including baby carriages and wheelchairs for walking assistance specified by Joint Ordinance of the Ministry of the Interior and Safety and the Ministry of Land, Infrastructure and Transport; the same shall apply hereinafter): |
| (e) | A place provided for pedestrian traffic in a park area as defined in subparagraph 5 of Article 2 of the Natural Parks Act and an urban park as defined in subparagraph 3 of Article 2 of the Act on Urban Parks, Greenbelts, Etc.; |
| (f) | A place provided for pedestrian traffic at a water-friendly harbor facility as defined in subparagraph 5 (d) of Article 2 of the Harbor Act; |
| (g) | A pedestrian underpass or overpass or other road-crossing facilities; |
| (h) | Other places open for unspecified pedestrians to walk such as walking paths to school, visiting trails, walks, hiking trails, forest experience courses, and alleys; |
| 2. | The term "pedestrian environment" means physical, ecological, historical, and cultural elements that pedestrians encounter while walking and all elements that affect pedestrians' safe and comfortable traffic. |
| Article 3 (Guarantee of Pedestrian Right of Way) |
| (1) | The State and local governments shall guarantee and promote, to the utmost extent possible, people's right to safely and conveniently walk in a pleasant environment unless such right hinders public security, the maintenance of public order, or the enhancement of welfare, as provided in this Act or any other Act. |
| (2) | The State and local governments shall formulate measures necessary to prevent discrimination against any person in pedestrian traffic on the ground of disability, gender, age, religion, social status, or economic or regional circumstances. |
| (3) | Policies for guaranteeing and enhancing the pedestrian right of way shall be implemented in compliance with the following basic principles: |
| 1. | If construction of a facility, vehicular traffic, or any kind of system, project, etc. that affects conditions for pedestrian traffic, is likely to cause a hazard or injury to pedestrians' lives and bodies, priority shall be given to pedestrian safety, rather than to benefits from such system, project, etc.; |
| 2. | It shall be ensured that any serious gap in conditions for pedestrian traffic does not occur between areas in which the width of roads and the traffic of pedestrians and vehicles are similar, except in extenuating circumstances; |
| 3. | In establishing and implementing policies on pedestrian traffic, comfort and views as a space for living shall be taken into consideration, as well as pedestrian safety and convenient accessibility to destinations; |
| 4. | An effective cooperation system shall be established among institutions that implement projects for enhancing the pedestrian right of way and improving a pedestrian environment to systematically and rationally develop, improve, and maintain a safe pedestrian environment. |
| (4) | Unless a safe pedestrian environment has been suitably developed, no liability shall be unfavorably imposed upon a pedestrian, and no Act shall be unfavorably applied or construed with regard to a pedestrian. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall establish and implement policies so that pedestrians can safely and conveniently walk through pedestrian walkways in a comfortable pedestrian environment. |
| (2) | The State and local governments shall endeavor to develop a pedestrian environment in which senior citizens, pregnant women, children, the disabled, and people who have difficulty walking on their own can safely and conveniently walk through pedestrian walkways without discrimination. |
| (3) | The State and local governments may fully or partially subsidize persons who perform a project for securing the pedestrian right of way or improving the pedestrian environment, within budgetary limits, for expenses incurred therein. |
| Article 5 (Relationship to Other Acts) |
| (1) | Except as otherwise provided in any other Act, matters regarding the enhancement of pedestrian safety and convenience and the development of a pedestrian environment shall be governed by this Act. |
| (2) | When any Act is enacted or amended with respect to the enhancement of pedestrian safety and convenience and the development of a pedestrian environment, such Act shall conform to this Act. |
| Article 6 (Fact-Finding Surveys to Enhance Pedestrian Safety and Convenience) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City; hereinafter referred to as "Special Metropolitan City Mayor, etc.") shall conduct a fact-finding survey of pedestrian walkways within his/her jurisdiction with regard to the following matters at an interval specified by Presidential Decree, which shall not exceed five years, in order to establish and implement policies for ensuring pedestrian safety and enhancing pedestrian convenience: |
| 1. | Safety facilities installed along pedestrian walkways and the current status of management of such facilities; |
| 2. | The current status of facilities installed and things placed on pedestrian walkways, which obstruct traffic or threaten pedestrian safety; |
| 3. | The current status of installation and management of image data processing equipment as defined in subparagraph 7 of Article 2 of the Personal Information Protection Act (hereinafter referred to as "image data processing equipment"), security lighting, and other facilities for safely protecting pedestrians from crimes and accidents; |
| 4. | Other matters specified by Presidential Decree as necessary for ensuring pedestrian safety and enhancing pedestrian convenience. |
| (2) | If it is necessary to conduct a fact-finding survey under paragraph (1), the Special Metropolitan City Mayor, etc. may request any related administrative agency or public institution as defined in Article 4 of the Act on the Management of Public Institutions to submit relevant data. In such cases, a related administrative agency, etc. in receipt of a request to submit data shall comply with such request, except in extenuating circumstances. |
| Article 7 (Formulation of National Master Plans to Enhance Pedestrian Safety and Convenience) |
| (1) | The Minister of the Interior and Safety shall formulate a national master plan for enhancing pedestrian safety and convenience (hereinafter referred to as "master plan") every five years to promote the safety and convenience of pedestrians. |
| (2) | A master plan shall include the following matters: |
| 1. | Basic direction-setting for and objectives of policies for ensuring pedestrian safety and enhancing pedestrian convenience; |
| 2. | Matters regarding fact-finding surveys on enhancing pedestrian safety and convenience; |
| 3. | Matters regarding enhancing the pedestrian traffic convenience of mobility disadvantaged persons; |
| 4. | Plans for building information related to pedestrian traffic; |
| 5. | Other matters prescribed by Presidential Decree to enhance the safety and convenience of pedestrians. |
| (3) | Where the Minister of the Interior and Safety formulates a master plan, he/she shall consult with the heads of related central administrative agencies and the Special Metropolitan City Mayor, etc., and shall have such plan deliberated on by the Central Committee on Enhancement of Pedestrian Safety and Convenience established under Article 8-2 (1), and the same shall apply to any modification to the master plan formulated: Provided, That the foregoing shall not apply to any modification to minor matters prescribed by Presidential Decree. |
| (4) | Where necessary to formulate a master plan, the Minister of the Interior and Safety may request any related administrative agency or public institution prescribed in Article 4 of the Act on the Management of Public Institutions to submit relevant data. In such cases, a related administrative agency, etc. in receipt of a request to submit data shall comply with such request, unless there is a compelling reason not to do so. |
| (5) | Matters necessary for formulation, modification, etc. of master plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 22, 2020]
| Article 7-2 (Formulation of Regional Master Plans for Enhancing Pedestrian Safety and Convenience) |
| (1) | The Special Metropolitan City Mayor, etc. shall formulate a master plan for enhancing pedestrian safety and convenience (hereinafter referred to as "regional plan") every five years upon hearing opinions from local residents and relevant experts according to the procedures and methods prescribed by Presidential Decree, based on the outcomes of the fact-finding survey conducted under Article 6 (1). In such cases, where matters to be included in a regional plan pursuant to paragraph (2) are included in any of the following plans, a regional plan shall be deemed formulated with respect to such matters: |
| 3. | Other transportation or pedestrian traffic-related plans specified by Presidential Decree. |
| (2) | A regional plan shall include the following matters: |
| 1. | Basic direction-setting for and objectives of policies for ensuring pedestrian safety and enhancing pedestrian convenience by region; |
| 2. | Annual plans for implementing projects and securing financial resources necessary therefor; |
| 3. | Installation, maintenance, and repair of facilities for pedestrian safety and improvement of performance of such facilities; |
| 4. | Rearrangement of facilities, things placed on the road, etc., which obstruct pedestrian traffic or threaten pedestrian safety; |
| 5. | Construction of pedestrian walkways, such as connection of disconnected pedestrian walkways and construction of new pedestrian walkways; |
| 6. | Raising awareness of pedestrian safety and public relations thereon; |
| 7. | Improvement of the pedestrian environment in any of the following areas and neighboring areas: |
| 8. | Other matters specified by Presidential Decree as necessary for ensuring pedestrian safety and enhancing pedestrian convenience. |
| (3) | When the Special Metropolitan City Mayor or a Metropolitan City Mayor formulates a regional plan, he/she shall hear opinions thereon from the heads of autonomous Gus or the heads of Guns within the jurisdiction of the Metropolitan City, and when the head of a Si/Gun formulates a regional plan, he/she shall consult thereon, in advance, with the competent Do Governor. |
| (4) | Where a regional plan includes a road, facility, etc. installed or managed by the head of any other administrative agency, the Special Metropolitan City Mayor, etc. shall consult on the regional plan with the head of the administrative agency. In such cases, the head of an administrative agency in receipt of a request for consultation shall comply with such request, unless there is a compelling reason not to do so. |
| (5) | When the Special Metropolitan City Mayor, etc. drafts a regional plan, he/she shall submit the draft regional plan to the Minister of the Interior and Safety and the Minister of Land, Infrastructure and Transport before finalizing the regional plan. In such cases, the head of a Si/Gun shall submit such draft regional plan via the competent Do Governor. |
| (6) | Upon receipt of a draft regional plan submitted pursuant to paragraph (5), the Minister of the Interior and Safety and the Minister of Land, Infrastructure and Transport may request the relevant Special Metropolitan City Mayor, etc. to modify the draft regional plan, where he/she deems it necessary to enhance consistency and integrity with the plan for improvement of pedestrian transport provided for in Article 38 of the Sustainable Transportation Logistics Development Act, the local plan to improve the transportation convenience of mobility disadvantaged persons provided for in Article 7 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons, and other transportation or pedestrian traffic-related plans provided for in other statutes or necessary to strengthen cooperation between local governments or to efficiently implement the regional plan. |
| (7) | If the Special Metropolitan City Mayor, etc. has not received any request under paragraph (6), he/she shall finalize and publicly notify the regional plan submitted under paragraph (5), and if he/she has received such request, he/she shall reflect requested matters in the regional plan unless there is a compelling reason not to do so and shall finalize and publicly notify the plan following deliberation by a regional committee on enhancement of pedestrian safety and convenience under Article 8-3 (1), to make it available for inspection by the general public. |
| (8) | When the Special Metropolitan City Mayor, etc. deems it necessary to modify any matter included in a regional plan because any condition for the plan has been changed or on any other ground, he/she may modify the regional plan. |
| (9) | Paragraphs (3) through (7) shall apply mutatis mutandis to any modification to a regional plan: Provided, That the foregoing shall not apply to any modification to minor matters specified by Presidential Decree. |
| (10) | Except as provided in paragraphs (1) through (9), matters necessary for the timing for formulating a regional plan, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 8 (Formulation of Annual Implementation Plans) |
| (1) | The Minister of the Interior and Safety shall formulate and carry out an annual implementation plan to execute a master plan (hereinafter referred to as "national implementation plan") each year. <Newly Inserted on Dec. 22, 2020> |
| (2) | The Special Metropolitan City Mayor, etc. shall formulate an annual implementation plan to execute a regional plan (hereinafter referred to as "regional implementation plan"). In such cases, where matters to be included in a regional implementation plan are included in an annual implementation plan provided for in Article 8 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons or any other pedestrian traffic or transportation-related plan specified by Presidential Decree (limited to plans formulated each year), a regional implementation plan shall be deemed formulated with respect to such matters. <Amended on Dec. 22, 2020> |
| (3) | Matters necessary for the timing, procedures, etc. for the formulation and modification of a national implementation plan and regional implementation plan shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 8-2 (Central Committee on Enhancement of Pedestrian Safety and Convenience) |
| (1) | A Central Committee on Enhancement of Pedestrian Safety and Convenience (hereinafter referred to as the "Central Committee") shall be established under the Ministry of the Interior and Safety to deliberate on and coordinate the following matters: |
| 1. | Matters concerning master plans; |
| 2. | Matters concerning the formulation and coordination of pedestrian policies and major policies for enhancing pedestrian convenience; |
| 3. | Other matters concerning pedestrian safety and convenience enhancement, which are referred by the chairperson. |
| (2) | Where necessary to provide efficient support for the Central Committee, a working committee may be established. |
| (3) | Matters necessary for the organization, operation, etc. of the Central Committee and a working committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 8-3 (Regional Committee on Enhancement of Pedestrian Safety and Convenience) |
| (1) | A regional committee on the enhancement of pedestrian safety and convenience (hereinafter referred to as "regional committee") shall be established under the jurisdiction of the Special Metropolitan City Mayor, etc. to deliberate on and coordinate the following matters with regard to enhancement of pedestrian safety and convenience by region: Provided, That where a committee with characteristics and functions similar to those of a regional committee has been established in a local government, such committee may act on behalf of a regional committee as prescribed by ordinance of the relevant local government. |
| 1. | Matters concerning regional plans; |
| 2. | Matters regarding formulation and coordination of regional major policies with regard to enhancement of pedestrian safety and convenience; |
| 3. | Other matters concerning enhancement of pedestrian safety and convenience, which are referred by the chairperson. |
| (2) | Matters for necessary for the organization, operation, etc. of regional committees shall be determined by ordinance of the relevant local governments, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 9 (Designation of Zones subject to Improvement of Pedestrian Environment) |
| (1) | The Special Metropolitan City Mayor, etc. may designate any of the following areas as a zone subject to improvement of the pedestrian environment: |
| 1. | An area with heavy pedestrian traffic; |
| 2. | An area with a high frequency of trips by senior citizens, pregnant women, children, and the disabled; |
| 3. | An area where the traditions and culture of historical significance have been formed; |
| 4. | Other areas where the pedestrian environment needs to be improved preferentially. |
| (2) | If the Special Metropolitan City Mayor, etc. deems it necessary to increase the effect of a project to improve the pedestrian environment, he/she may additionally designate any of the following areas in a zone subject to improvement of the pedestrian environment under paragraph (1) (hereinafter referred to as "zone subject to improvement of the pedestrian environment"): Provided, That when designating a zone subject to improvement of the pedestrian environment, an area referred to in subparagraph 1 shall be included, except the cases where there are grounds prescribed by the Presidential Decree: <Amended on Jul. 20, 2015> |
| (3) | If conditions for designating an area as a zone subject to improvement of the pedestrian environment have been changed or any other ground exists, the Special Metropolitan City Mayor, etc. may expand or reduce boundaries of a zone subject to improvement of the pedestrian environment. |
| (4) | When the Special Metropolitan City Mayor, etc. designates a zone subject to improvement of the pedestrian environment pursuant to paragraph (1) or (2), he/she shall publicly announce such designation on the Official Bulletin and inform the general public thereof through the relevant web-site. |
| Article 10 (Implementation of Projects to Improve Pedestrian Environment) |
| (1) | The Special Metropolitan City Mayor shall formulate a project plan to improve the pedestrian environment with respect to zones subject to improvement of the pedestrian environment designated under Article 9 (1) in accordance with the procedure and method prescribed by Presidential Decree and shall implement the project to improve the pedestrian environment according to the plan. |
| (2) | A project plan to improve the pedestrian environment under paragraph (1) shall include the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Construction of pedestrian walkways, such as connection of disconnected pedestrian walkways and construction of new pedestrian walkways; |
| 2. | Creation of pedestrian walkways in harmony with the traditions and culture of the relevant area; |
| 3. | Installation, maintenance, and repair of facilities for pedestrian safety and improvement of their performance, such as separation of vehicle lanes and sidewalks, installation of elevated crosswalks (crosswalks built higher than the adjacent road), installation of street lamps and security lighting, and installation of image data processing equipment; |
| 4. | Rearrangement of facilities and things placed on the road, which obstruct pedestrian traffic or threaten pedestrian safety; |
| 5. | Installation of facilities to enhance pedestrian convenience for senior citizens, pregnant women, children, and the disabled; |
| 6. | Other matters specified by Joint Ordinance of the Ministry of the Interior and Safety and the Ministry of Land, Infrastructure and Transport as necessary to improve pedestrian safety and convenience. |
| (3) | When the Special Metropolitan City Mayor, etc. intends to formulate a project plan to improve the pedestrian environment, he/she shall hear opinions from local residents and relevant experts and shall finalize and publicly announce the plan. In such cases, if a road or facility installed or managed by the head of any other administrative agency is included in the project plan to improve the pedestrian environment under paragraph (1), the Special Metropolitan City Mayor, etc. shall consult with the head of such administrative agency before hearing opinions from local residents and relevant experts. |
| (4) | If any condition for a project plan has changed or any other ground exists, the Special Metropolitan City Mayor, etc. may modify the project plan to improve the pedestrian environment under paragraph (1). |
| (5) | Paragraph (3) shall apply mutatis mutandis to the modification of a project plan to improve the pedestrian environment under paragraph (1): Provided, That the foregoing shall not apply to any modification to minor matters specified by Presidential Decree. |
| (6) | The State may partially subsidize a local government for expenses incurred in implementing a project to improve the pedestrian environment under paragraph (1) within budgetary limits and shall actively endeavor to secure stable funding therefor. |
| Article 11 (Evaluation of Projects to Improve Pedestrian Environment) |
| (1) | When the Special Metropolitan City Mayor, etc. completes a project to improve the pedestrian environment pursuant to Article 10 (1), he/she shall evaluate the results of the project. |
| (2) | When the Special Metropolitan City Mayor, etc. completes the evaluation under paragraph (1), he/she shall report the outcomes thereof to the Minister of the Interior and Safety and the Minister of Land, Infrastructure and Transport. In such cases, the head of a Si/Gun shall report such outcomes via the relevant Do Governor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for the standards, methods, and procedure for the evaluation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Management of Zones subject to Improvement of Pedestrian Environment) |
| (1) | When the Special Metropolitan City Mayor, etc. completes a project to improve the pedestrian environment pursuant to Article 10 (1), he/she shall inspect the management conditions of each zone subject to improvement of the pedestrian environment each year and shall perform maintenance and repairs, if necessary. |
| (2) | The Special Metropolitan City Mayor, etc. shall keep and preserve the management register of zones subject to improvement of the pedestrian environment in accordance with the procedure and method prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 13 (Cancellation of Designation of Zones subject to Improvement of Pedestrian Environment) |
| (1) | If the purpose of designation of a zone subject to improvement of the pedestrian environment under Article 9 has been achieved or frustrated, the Special Metropolitan City Mayor, etc. may cancel the designation of the zone subject to improvement of the pedestrian environment. |
| (2) | When the Special Metropolitan City Mayor, etc. cancels the designation of a zone subject to improvement of the pedestrian environment pursuant to paragraph (1), he/she shall publicly announce such cancellation on the Official Bulletin and shall inform the general public thereof through the relevant web-site. |
| Article 14 (Prompt Clearance of Illegal Facilities) |
| (1) | The Special Metropolitan City Mayor, etc. shall promptly clear facilities illegally installed in violation of relevant statutes, such as things placed on the road and outdoor advertisements which obstruct pedestrian traffic in a zone subject to improvement of the pedestrian environment, (hereafter referred to as "illegal facilities" in this Article), as prescribed by relevant statutes. In such cases, if any other administrative agency has the authority to clear an illegal facility, the Special Metropolitan City Mayor, etc. may request the head of the relevant administrative agency to clear the illegal facility. |
| (2) | Upon receipt of a request to clear an illegal facility under the latter part of paragraph (1), the head of an administrative agency shall comply with such request, except in extenuating circumstances. |
| (3) | The Special Metropolitan City Mayor, etc. may recommend a person who produces noise or emits exhaust fumes, odor, or dust which obstructs pedestrian safety or is likely to harm pedestrians in a zone subject to improvement of the pedestrian environment to take measures necessary for pedestrian safety and prevention of harm causable to pedestrians. |
| (4) | A local government may partially subsidize a person who takes measures necessary for pedestrian safety and prevention of harm causable to pedestrians in compliance with the recommendation under paragraph (3) for expenses incurred in such measures, as prescribed by municipal ordinance. |
| Article 15 (Installation of Facilities to Enhance Pedestrian Safety and Convenience) |
| (1) | If the Special Metropolitan City Mayor, etc. deems it necessary to ensure pedestrian safety and enhance convenience in pedestrian traffic, he/she may give priority to installing the following facilities on the roads within a zone subject to improvement of the pedestrian environment: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Facilities for reducing the speed of vehicles; |
| 2. | Facilities for pedestrian safety, such as crosswalks and traffic islands; |
| 3. | Facilities for preventing pedestrians from crossing a road with no crosswalks; |
| 4. | Traffic signals for a pedestrian right of way; |
| 5. | Facilities for giving information about public transportation and facilities for guiding pedestrian walkways in neighboring areas for enhancing pedestrians' convenience in travelling; |
| 6. | Other facilities specified by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport for enhancing pedestrian safety and convenience in pedestrian traffic. |
| (2) | When the Special Metropolitan City Mayor, etc. installs a facility specified in any subparagraph of paragraph (1), he/she shall consult thereon with any of the following persons: <Amended on Dec. 22, 2020> |
| 1. | The commissioner of a City/Do police agency or the chief of a police station having jurisdiction over the relevant area; |
| 2. | The management authority of the relevant road; |
| 3. | The head of a related administrative agency having jurisdiction over the relevant area under any other statute. |
| (3) | Necessary matters such as the structure and standards of facilities specified in the subparagraphs of paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 16 (Designation of Pedestrian-Only Paths) |
| (1) | If the Special Metropolitan City Mayor, etc. deems it particularly necessary to achieve pedestrian safety and a comfortable pedestrian environment, he/she may designate a pedestrian walkway as a pedestrian-only path. <Amended on Jul. 20, 2015> |
| (2) | When the Special Metropolitan City Mayor, etc. intends to designate a pedestrian-only path pursuant to paragraph (1), he/she shall consult thereon with the head of a related administrative agency having jurisdiction over the relevant area under any other statute and hear opinions from local residents and relevant experts. |
| (3) | When the Special Metropolitan City Mayor, etc. intends to designate a pedestrian-only path pursuant to paragraph (1) (hereinafter referred to as "pedestrian-only path"), he/she may request the commissioner of a City/Do police agency or the chief of a police station to establish a pedestrian-only road under Article 28 (1) of the Road Traffic Act at a certain section of a road under subparagraph 1 of Article 2 of the Road Traffic Act, if it is impractical to achieve the purposes of the pedestrian-only path because the pedestrian-only path is disconnected by such road or if it is necessary for pedestrian safety. <Amended on Dec. 22, 2020> |
| (4) | When the Special Metropolitan City Mayor, etc. designates a pedestrian-only path pursuant to paragraph (1), he/she shall publicly announce such designation on the Official Bulletin and shall inform the general public thereof through the relevant web-site. In such cases, if a pedestrian-only road as defined in subparagraph 31 of Article 2 of the Road Traffic Act overlaps with a pedestrian-only path, such section may be included in the pedestrian-only path. |
| (5) | The driver of a motor vehicle or horse as defined in subparagraph 17 of Article 2 of the Road Traffic Act (hereinafter referred to as "motor vehicle or horse") shall not enter a pedestrian-only path designated under paragraph (1): Provided, That an emergency motor vehicle as defined in subparagraph 22 of Article 2 of the Road Traffic Act or the driver of a bicycle, if he/she dismounts from the bicycle and walks along, carrying the bicycle, may enter a pedestrian-only path. |
| (6) | Notwithstanding the main sentence of paragraph (5), if the Special Metropolitan City Mayor, etc. deems it necessary to permit the driver of a motor vehicle or horse to use a pedestrian-only path for restoration from a disaster, execution of construction works, entry into a building, or on any other ground, he/she may designate a permitted section or hours. In such cases, the Special Metropolitan City Mayor, etc. shall consult thereon in advance with the head of a related administrative agency under paragraph (2). |
| (7) | If the Special Metropolitan City Mayor, etc. deems it necessary to alter the section of a pedestrian-only path designated under paragraph (1) or the purpose of designation of a pedestrian-only path is defeated, the Special Metropolitan City Mayor, etc. may alter or cancel the designation of the pedestrian-only path. |
| (8) | When the Special Metropolitan City Mayor, etc. alters or cancels the designation of a pedestrian-only path pursuant to paragraph (7), he/she shall publicly announce such alteration or cancellation on the Official Bulletin and inform the general public thereof through the relevant web-site. |
| Article 17 (Development of Pedestrian-Only Paths) |
| (1) | The Special Metropolitan City Mayor, etc. may develop pedestrian-only paths, if he/she deems it necessary to provide opportunities for geographical and cultural experiences in the relevant area such as ecological or cultural visits and to provide a safe and comfortable pedestrian environment. <Amended on Jul. 20, 2015> |
| (2) | When the Special Metropolitan City Mayor, etc. develops pedestrian-only paths pursuant to paragraph (1), he/she shall formulate a plan to develop pedestrian-only paths (hereinafter referred to as "development plan") after consulting thereon with the head of a related administrative agency having jurisdiction over the area under any other statute and hearing opinions from local residents and relevant experts and shall publicly announce such plan on the Official Bulletin without delay. The same shall also apply to any modification to a development plan. |
| (3) | The structure and facilities of pedestrian-only paths and other relevant matters shall conform to the standards prescribed by Presidential Decree. |
| Article 18 (Constructive Authorization, Permission) |
When the Special Metropolitan City Mayor, etc. has formulated or modified and publicly announce a development plan after consulting with the heads of related administrative agencies pursuant to Article 17 (2), the following authorization, permission, reporting, etc. shall be deemed granted or filed:
| Article 19 (Keeping of Management Register of Pedestrian-Only Paths) |
| (1) | When the Special Metropolitan City Mayor, etc. designates pedestrian-only paths pursuant to Article 16 (1), he/she shall inspect the management state of the pedestrian-only paths each year and shall maintain and repair them, if necessary. |
| (2) | The Special Metropolitan City Mayor, etc. shall keep and preserve the management register of pedestrian-only paths in accordance with the procedure and method prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 20 (Review of Pedestrian Environment in Implementing Development Projects) |
| (1) | A person (including the State and local governments; hereinafter referred to as "project implementer") who intends to implement any of the following projects (hereinafter referred to as "relevant project") shall prepare a scheme for ensuring pedestrian safety and enhancing pedestrian convenience (hereinafter referred to as "scheme for improving the pedestrian environment"): Provided, That the foregoing shall not apply to a project specified in any subparagraph of Article 15 (2) of the Urban Traffic Improvement Promotion Act and a project for which it is required to submit a traffic impact analysis and improvement plan under Article 16 of the aforesaid Act: <Amended on Jul. 24, 2015> |
| 4. | Other projects specified by Presidential Decree as necessary for ensuring pedestrian safety and enhancing pedestrian convenience. |
| (2) | A scheme for enhancing the pedestrian environment shall contain the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Development of safe pedestrian-only paths; |
| 2. | Installation of facilities for ensuring pedestrian safety on the road; |
| 3. | Measures for reducing the operating speed of motor vehicles or horses in a residential area; |
| 4. | Installation of pedestrian traffic signs; |
| 5. | Installation of protective zones for senior citizens, children, the disabled, etc.; |
| 6. | Other matters prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport. |
| (3) | When a project implementer is required to obtain approval, authorization, permission, decision, etc. (hereinafter referred to as "approval, etc.") for a project specified in any subparagraph of paragraph (1) or the project plan for such project, the project implementer shall submit a scheme for improving the pedestrian environment to the head of an agency authorized to grant approval, etc. (hereinafter referred to as "approval authority") by the deadline specified by Presidential Decree. |
| (4) | If the approval authority finds it necessary to modify or revise a scheme for improving the pedestrian environment submitted under paragraph (3) after reviewing it, it may require the relevant project implementer to supplement the scheme. |
| (5) | If the approval authority deems it necessary for reviewing a scheme for improving the pedestrian environment, it may hear opinions from relevant specialized institutions or experts. |
| (6) | The scope and scale of the relevant projects for which a scheme for improving the pedestrian environment shall be prepared pursuant to the main sentence of paragraph (1) shall be prescribed by Presidential Decree. |
| Article 21 (Securing of Pedestrian-Only Paths in Establishing On-Road Parking Lots) |
When the Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun or an autonomous Gu intends to establish on-road parking lots pursuant to Article 7 (1) of the Parking Lot Act on a road on which vehicle lanes and sidewalks are not divided, he/she shall secure a pedestrian-only path for safe pedestrian traffic.
| Article 22 (Giving Priority to Pedestrian Right of Way) |
| (1) | No person who drives a motor vehicle or horse on a pedestrian walkway shall obstruct safe pedestrian traffic. |
| (2) | In principle, traffic shall keep to the right on a pedestrian walkway: Provided, That the method of travelling along the roads specified by the Road Traffic Act, of pedestrian walkways, shall be governed by the Road Traffic Act. |
| (3) | When the driver of a motor vehicle or horse uses a pedestrian-only path pursuant to Article 16 (6), he/she shall drive the motor vehicle or horse at a speed as slow as pedestrians' walk not to threaten pedestrian safety or obstruct pedestrian traffic. |
| Article 23 (Constitution and Operation of Council for Joint Installation of Public Facilities) |
| (1) | If the road management authorities referred to in Article 23 of the Road Act deem it necessary to jointly install road signs, street lamps, traffic signals, traffic signs, utility poles, or other facilities specified by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport (hereafter referred to as "public facilities, etc." in this Article) because such public facilities, etc. are likely to threaten pedestrian safety or the pedestrian environment needs to be improved, it may constitute and operate a council for joint installation of public facilities, etc. for each section (hereafter referred to as the "Council" in this Article), which shall be comprised of public officials from the road management authorities, owners or managers of public facilities, etc., and other relevant persons. <Amended on Mar. 23, 2013; Jan. 14, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If the Council decides to jointly install public facilities, etc., the owners or managers of public facilities, etc. shall fully cooperate therein, except in extenuating circumstances. |
| (3) | Matters necessary for the constitution, operation, etc. of the Council shall be prescribed by Presidential Decree. |
| Article 24 (Installation of Image Data Processing Equipment for Pedestrian Safety) |
| (1) | If the State and local governments deem it necessary to keep pedestrians safe from crimes, he/she may install image data processing equipment or security lighting along a pedestrian walkway: Provided, That, in a pedestrian walkway in an area with a high risk of occurrence of crime such as a crime-ridden district or a remote and unfrequented area, both image data processing equipment and security lighting shall be installed. <Amended on Jul. 20, 2015> |
| (2) | No one shall destroy image data processing equipment or security lighting installed under paragraph (1). |
| (3) | Matters necessary for the zones requiring the installation of image data processing equipment under paragraph (1), standards for such equipment, etc. shall be prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Except as otherwise provided in this Act, the installation and operation of image data processing equipment, safety measures, and other relevant matters shall be governed by the Personal Information Protection Act. |
| Article 25 (Duty to Take Safety Measures for Pedestrians while Performing Construction Works) |
| (1) | A person who occupies and uses a pedestrian walkway (excluding a road as defined in the Road Act) for the purpose of building, rebuilding, altering, or removing an artificial structure, object, or other facility or for any other purpose shall provide safe pedestrian passages and establish safety facilities to protect pedestrians from danger. |
| (2) | If a person who occupies and uses a pedestrian walkway pursuant to paragraph (1) fails to provide safe pedestrian passages and establish safety facilities, the Special Metropolitan City Mayor, etc. may order such person to take measures necessary for the correction thereof. |
| (3) | Standards for provision of safe pedestrian passages and safety facilities under paragraph (1) shall be prescribed by Joint Ordinance of the Ministry of the Interior and Safety and the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 26 (Assistance for Research and Development Projects for Pedestrian Safety) |
To ensure pedestrian safety and enhance pedestrian convenience, the Minister of the Interior and Safety and the Minister of Land, Infrastructure and Transport may provide assistance for the following research and development projects: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| 1. | Research on laws and systems for enhancing pedestrian safety and convenience; |
| 2. | Development of methods for residents' participation and educational programs for diffusion of the culture of safe pedestrian traffic. |
| Article 26-2 (Calculation and Publication of Pedestrian Safety Index) |
| (1) | The Minister of the Interior and Safety may develop, survey, and calculate an index that can be used to quantitatively measure the levels of pedestrian safety and efforts to pursue pedestrian policies of local governments (hereinafter referred to as "pedestrian safety index") and publish the results thereof. |
| (2) | A pedestrian safety index shall, in principle, be surveyed and published every year. |
| (3) | Matters necessary for the items, methods, etc. of surveys on a pedestrian safety index shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 26-3 (Designation of Pedestrian Environment Research Center) |
| (1) | The Minister of the Interior and Safety may designate and operate a public institution that falls under any of the subparagraphs of Article 4 (1) of the Act on the Management of Public Institutions as a pedestrian environment research center, for continuous development of policies on enhancement of pedestrian safety and convenience and creation of a safe pedestrian environment. |
| (2) | A pedestrian environment research center under paragraph (1) shall perform the following duties: |
| 1. | Discovery of and support for policy measures to facilitate walking; |
| 2. | Investigation and research for the development of institution related to walking; |
| 3. | Investigation and research regarding improving a pedestrian environment; |
| 4. | Support for formulating master plans and regional plans; |
| 5. | Support for planning, implementing, and evaluating public projects related to walking, such as projects for improving a pedestrian environment; |
| 6. | Support for developing, surveying, and calculating a pedestrian safety index; |
| 7. | Other matters specified by the Minister of the Interior and Safety as necessary for enhancing pedestrian safety and convenience. |
| (3) | Matters necessary for the designation and operation of pedestrian environment research centers under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 27 (Implementation of Measures for Promoting Culture of Safe Pedestrian Traffic) |
| (1) | The State and local governments shall prepare and implement measures for promoting the culture of safe pedestrian traffic, such as encouragement of residents' participation in programs relating to the enhancement of pedestrian safety and convenience, and receipt of complaints about inconvenient travelling along a pedestrian walkway and proposals for improvement thereof. |
| (2) | The State and local governments may encourage the private sector's activities for promoting the culture of safe pedestrian traffic and provide assistance for such activities. |
| Article 28 (Delegation and Entrustment of Authority) |
| (1) | The State and local governments shall prepare and implement measures for promoting the culture of safe pedestrian traffic, such as encouragement of residents' participation in programs relating to the enhancement of pedestrian safety and convenience, and receipt of complaints about inconvenient travelling along a pedestrian walkway and proposals for improvement thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Special Metropolitan City Mayor, etc. may entrust a fact-finding survey under Article 6 (1) to a relevant specialized institution or organization. |
| (3) | The Special Metropolitan City Mayor or a Metropolitan City Mayor may delegate part of his/her authority vested under this Act to the head of an autonomous Gu or the head of a Gun within the jurisdiction of the relevant Metropolitan City, as prescribed by ordinance of the City |
| Article 29 (Penalty Provisions) |
| (1) | A person who destroys image data processing equipment or security lighting in violation of Article 24 (2) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (2) | A person who fails to comply with a corrective order issued under Article 25 (2) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended on Jul. 20, 2015]
| Article 30 (Administrative Fines) |
| (1) | A driver of a motor vehicle or horse who enters a pedestrian-only path in violation of Article 16 (5) shall be punished by an administrative fine not exceeding 100,000 won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Special Metropolitan City Mayor, etc., as prescribed by Presidential Decree. |
ADDENDA <Act No. 11339, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Review of Pedestrian Environment to Implement Development Projects, etc.)
Article 20 shall apply beginning with the first application for approval, etc. filed after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts which are amended according to Article 6 of the Addenda, each amended part of the Act which is promulgated before this Act enters into force but of which the enforcement date has not come shall enter into force on the date of the enforcement of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13416, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
The former provisions apply when penalty provisions are applied to the violations committed before this Act enters into force.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17694, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Master Plans to Enhance Pedestrian Safety and Convenience)
A master plan for enhancing pedestrian safety and convenience formulated under the previous provisions as at the time this Act enters into force shall be deemed a regional master plan for enhancing pedestrian safety and convenience formulated under the amended provisions of Article 7-2.